One purpose in awarding economic damages is to make a plaintiff “whole” by returning them to the same economic position they would have been in absent some challenged conduct. A key concept inherent in such damages assessments is that of the “but-for market.” Because damages often are...

In Leegin, the SCOTUS overturned its previous decision in Dr. Miles by holding that minimum resale price maintenance (“RPM”) between a manufacturer and its downstream dealers/retailers now must be analyzed under the rule-of-reason standard under federal antitrust law. This article discusses...